Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 106-Control of Inspection by Assignee (1)
MPEP 400 - Representative of Applicant or Owner (2)
There are two main forms that can be used to authorize a patent practitioner for an interview:
- Applicant Initiated Interview Request Form (PTOL-413A)
- Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity’
According to MPEP 405:
Registered practitioners, when acting in a representative capacity, can show authorization to conduct an interview by completing, signing and filing an Applicant Initiated Interview Request Form (PTOL-413A).
Additionally:
Alternatively, Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity,’ which is available from the USPTO website at www.uspto.gov/sites/default/files/web/forms/sb0084.pdf may be used to establish the authority to conduct an interview.
Yes, a registered patent practitioner who is not of record can conduct an interview if they have proper authorization from the applicant. According to MPEP 405:
Interviews may be conducted with a registered practitioner who has proper authority from the applicant, or an attorney or agent of record in the form of a power of attorney or authorization to act in a representative capacity, whether or not the practitioner has a copy of the application file.
The practitioner can show authorization by completing, signing, and filing an Applicant Initiated Interview Request Form (PTOL-413A) or using Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity’.
MPEP 405 - Interviews With Patent Practitioner Not of Record (2)
There are two main forms that can be used to authorize a patent practitioner for an interview:
- Applicant Initiated Interview Request Form (PTOL-413A)
- Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity’
According to MPEP 405:
Registered practitioners, when acting in a representative capacity, can show authorization to conduct an interview by completing, signing and filing an Applicant Initiated Interview Request Form (PTOL-413A).
Additionally:
Alternatively, Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity,’ which is available from the USPTO website at www.uspto.gov/sites/default/files/web/forms/sb0084.pdf may be used to establish the authority to conduct an interview.
Yes, a registered patent practitioner who is not of record can conduct an interview if they have proper authorization from the applicant. According to MPEP 405:
Interviews may be conducted with a registered practitioner who has proper authority from the applicant, or an attorney or agent of record in the form of a power of attorney or authorization to act in a representative capacity, whether or not the practitioner has a copy of the application file.
The practitioner can show authorization by completing, signing, and filing an Applicant Initiated Interview Request Form (PTOL-413A) or using Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity’.
Patent Law (3)
There are two main forms that can be used to authorize a patent practitioner for an interview:
- Applicant Initiated Interview Request Form (PTOL-413A)
- Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity’
According to MPEP 405:
Registered practitioners, when acting in a representative capacity, can show authorization to conduct an interview by completing, signing and filing an Applicant Initiated Interview Request Form (PTOL-413A).
Additionally:
Alternatively, Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity,’ which is available from the USPTO website at www.uspto.gov/sites/default/files/web/forms/sb0084.pdf may be used to establish the authority to conduct an interview.
Yes, an assignee of the entire interest in a patent application can grant inspection rights to others. According to MPEP 106.01, the assignee of the entire interest has the same rights as the inventor and may authorize anyone to inspect the application. This authority stems from the assignee’s complete ownership of the patent application.
Yes, a registered patent practitioner who is not of record can conduct an interview if they have proper authorization from the applicant. According to MPEP 405:
Interviews may be conducted with a registered practitioner who has proper authority from the applicant, or an attorney or agent of record in the form of a power of attorney or authorization to act in a representative capacity, whether or not the practitioner has a copy of the application file.
The practitioner can show authorization by completing, signing, and filing an Applicant Initiated Interview Request Form (PTOL-413A) or using Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity’.
Patent Procedure (3)
There are two main forms that can be used to authorize a patent practitioner for an interview:
- Applicant Initiated Interview Request Form (PTOL-413A)
- Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity’
According to MPEP 405:
Registered practitioners, when acting in a representative capacity, can show authorization to conduct an interview by completing, signing and filing an Applicant Initiated Interview Request Form (PTOL-413A).
Additionally:
Alternatively, Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity,’ which is available from the USPTO website at www.uspto.gov/sites/default/files/web/forms/sb0084.pdf may be used to establish the authority to conduct an interview.
Yes, an assignee of the entire interest in a patent application can grant inspection rights to others. According to MPEP 106.01, the assignee of the entire interest has the same rights as the inventor and may authorize anyone to inspect the application. This authority stems from the assignee’s complete ownership of the patent application.
Yes, a registered patent practitioner who is not of record can conduct an interview if they have proper authorization from the applicant. According to MPEP 405:
Interviews may be conducted with a registered practitioner who has proper authority from the applicant, or an attorney or agent of record in the form of a power of attorney or authorization to act in a representative capacity, whether or not the practitioner has a copy of the application file.
The practitioner can show authorization by completing, signing, and filing an Applicant Initiated Interview Request Form (PTOL-413A) or using Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity’.